5 more things about the Don Blankenship indictment
5 more things about the Don Blankenship indictment
November 17, 2014 by Ken Ward Jr.
Theres been a lot written already about the indictment of longtime Massey Energy CEO Don Blankenship (see here, here, here and here for Gazette stories), but there are a few things that readers may have overlooked and are worth knowing:
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2. Financial crimes carry much longer maximum sentences than those for violating workplace safety standards.
Most news reports made clear that the total maximum sentence Blankenship would face if convicted on all four counts of the indictment would be 31 years. Of course, thats the statutory maximum, and if doesnt take into account federal sentencing guidelines. But it hasnt really been made clear that 20 years of that 32-year maximum sentence would come from Count 4 of the indictment, which charges Blankenship with a violation of 15 U.S.C. 78ff. The count alleges that Blankenship made untrue statements to the investing public when Massey defended its corporate safety record after the mine disaster.
Two other counts of the indictment Count 2 charging Blankenship with conspiracy to defraud MSHA by advance notice of inspections and Count 3 charging him with making false statements to the U.S. Securities and Exchange Commission each carry maximum jail sentences of 5 years. The allegation that actually involves unsafe mining practices is Count 1, which alleges a conspiracy to violate federal mine safety standards. It carries a maximum sentence of 1 year in jail.
Gazette file photo by Chip Ellis